James Buchan Little v Commissioners for Her Majesty's Revenue and Customs

Decision date: 16 May 2011

Neutral citation: [2011] UKFTT 324 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This appeal concerned HMRC assessments for car fuel benefit for 2005–06 and 2006–07 in respect of a company-owned Porsche used by Mr Little. The Tribunal found the Porsche was a company asset, that fuel provided for a company car gives rise to an automatic fuel benefit charge, and that Mr Little failed to produce contemporaneous records or other evidence to show either that no private fuel was provided or that he personally "made good" any private fuel. The appeal was dismissed and the HMRC assessments upheld.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where a company owns a car, a fuel benefit charge arises automatically if fuel is provided for that company car; the taxpayer bears the onus of proving that no private fuel was provided or that private fuel costs were made good (Condition A or B), which requires adequate contemporaneous records (e.g. receipts, mileage) to rebut the charge.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal indicated that HMRC guidance distinguishing reporting from record‑keeping obligations does not relieve taxpayers of the statutory duty to keep adequate records to support returns. It also noted that a company's voluntary payment and acceptance of Class 1A NICs on a fuel charge is a relevant factor when assessing whether a fuel benefit existed.